The Prosecutor, the Procrastinator: Spaniola's Time Runs Out

[XLFD]

On April 16, 2019 multiple gunshots rang out in the early morning hours at the Freesoil home of Corey Beekman.  The aftermath would be a man lying dead just outside Beekman's bedroom.  Police were called by a woman living at the house who was also wounded by gunfire.  Police arrived and surrounded the house, Beekman surrendered without incident.

Investigations took place and by the next day Beekman would be charged by Prosecutor Paul Spaniola with open murder, assault with intent to commit murder and two counts of possession of a felony firearm.  Those charges would be pared back to second-degree murder, felonious assault and felony firearm by Judge Peter Wadel after the preliminary hearing on June 20, 2019. 

Fifteen months later on September 21, 2020, Spaniola would find himself in a Zoom courtroom arguing for a 'Motion to Declare Witness Unavailable and to Admit Preliminary Examination Testimony' in front of 51st Circuit Court Judge Susan Sniegowski.  Fortunately, the judge shared this hearing on her Youtube channel so we have it available.  

After Spaniola and Defense Attorney Swanson argue their points, the judge begins her ruling by noting that Beekman's trial has a already been adjourned three times before this latest request for adjournment just one day before the set trial.  Those dates were:  1)  Dec. 11-13, 2019  2) Apr 27-May 1, 2020  3) July 27-31, 2020. 

"We have three witnesses that have not been subpoenaed, they are the first three on the people's witness list," observed Judge Sniegowski, before reading from three precedents of other cases where the prosecutor lacked due diligence in their efforts to prosecute their cases.  Then:

"Looking at the efforts here, the search for Ms. Buck and her children began on September 16, 2020, less than a week prior to trial though the notice [for trial] had been sent out on August 13th.  The case has been set for trial four times, the record does not show any attempts to serve Ms. Buck for the 3 previous set trial dates and I have covered that they are material witnesses... the record shows that local officers were able to discover where they believed Ms. Buck was living within 2.5 hours.  So in 17 months, it took less than 2.5 hours to track down where she was living."

Making that case, she then turned her attention to an affidavit from the psychologist who had been observing Ms. Buck and her kids, and who declared that it would be better for them if they didn't have to appear for trial and appealed to the court to use their prior testimony at the preliminary hearing.  The judge rejected the idea, noting that the limited nature of the prelim's scope and procedures, especially for the defendant to provide their ultimate defenses, would make it unfair to Beekman.

One would think that someone like Prosecutor Spaniola, who has worked for the prosecutor's office in one capacity or another for two decades would be able to subpoena and/or secure a witness in a 15 month period over the course of four set trial dates.  But he wasn't even trying.  

And according to an inside source at the prosecutor's office, that is verifiable.  For each of the three prior trial dates, he never prepared for them, relying on the court to accept his stalling motions filed at the last minute.  That's why he never sent subpoenas out any of those times.  Also according to that source, Spaniola had ruined any kind of positive relationship with Ms. Buck by constantly berating and demeaning her in front of others.  This may be the reason why Ms. Buck was actively avoiding service of the subpoena.  

If one believes the defense of Corey Beekman that he was defending himself in his own home (and there is a host of compelling evidence pointing that way) then one must also believe that Spaniola's procrastinations led to an innocent man spending 17 months in jail, denied the right to a speedy trial.

If one believes that Beekman was guilty of killing Buchanan without a viable reason, then Spaniola's inability to bring the people's case to trial in four tries has to be disconcerting too.  For the prosecutor seems to also lack a viable reason to stall the wheels of justice from rolling.  

[Willy]

Either this was a gross miscarriage of justice or someone got away with murder. We will never know. If he was innocent he will be carrying this stigma around his neck for the rest of his life. Who's going to hire him in this area. If he committed murder then he can breathe a sigh of relief knowing he only spent 17 months for committing a horrendous crime. Either way, Spaniola has a  lot to explain. Did he let a criminal get away with murder or did he help an innocent man gain his freedom. Good article X.

[XLFD]

Beekman and his family has no delusions, whether he was found innocent by a jury of his peers or was a free man from some other technicality like this, he cannot live a normal life in this area.  On the day of Corey's release from jail, one can bet his ride didn't stop until he was safe out of the county and then only for more gas to get further away.

I am hopeful that Prosecutor Spaniola will someday after his retirement be able to humble himself enough to explain this honestly.  Because there are some other things worth explaining also...